The three -family reservoir drowned without permission.

Author:Jinan Times Time:2022.09.21

Three families in Xuzhou, Jiangsu met in the reservoir. As a result, a boat turned over and a adult drowned. The family members of the drowns will appeal to the court, the town government of the river management office, the town government of the crime, and the same boatman Chen You, to the court. Recently, the Xuzhou Intermediate People's Court announced the results of the second trial of the Xuzhou Economic and Technological Development Zone. Zhang Shun, the organizer and the vessel owner, assumed a certain responsibility for the drowning incident and compensated the family members of the deceased for more than 370,000 yuan.

In August 2020, Li Feng met with Zhang Shun and Chen You. A total of 12 members of the three families went to the reservoir near Zhang Shun's house. During the play, Zhang Shun mentioned his own boat to row on the reservoir. Li Feng and Chen Youjun agreed to pull the boat from Zhang Shun and Li Feng to Zhang Shun's residence. The two carried the ship to the water on the west side of the bridge on the northeast corner of the reservoir into the water. After Li Feng and his two sons, Zhang Shun and his children, Chen You, and his son, 8 people (3 adults, 5 children) boarded the ship, Zhang Shun drove the ship, the wife and Chen You daughter on the shore Waiting.

When the ship walked around 20 meters in the reservoir, the water was watered and covered, and everyone on the ship fell into the water. After falling into the water, Zhang Shun rescued his daughter and Li Feng's eldest son. Chen You could not swim, lying on the edge of the ship to appease others' emotions and wait for rescue. When Zhang Shun saw Li Feng, Li Feng's head could expose the water, three or four meters away from the boat, and dragged his younger son and Zhang Shun's son in his hand. Later, Zhang Shun did not support it, pulled from a kind person to the shore.

Three staff members of the water conservancy station patrolling nearby were not swimming and did not launch the water for rescue. They called 110, 120, 119 and other rescue calls, and pulled the boat to the shore together. Li Feng was sent to the hospital for treatment and died after rescue. It was determined by the relevant departments that Li Feng was a drowning death by an accident.

Li Feng's parents, wives, and two sons five as the legal heir to the water conservancy station, river management office, a town government, Chen You, and Zhang Shun to the court to ask the court to order the defendant to compensate the plaintiff's death compensation, etc. Each loss exceeded 800,000 yuan.

After Li Feng drowned, Zhang Shun gave 85,000 yuan to Li Feng's family. Chen You gave Li Feng's family 30,000 yuan afterwards.

During the trial, the parties had no objection to the facts of the case. After investigation by the court, the ship involved in the case was only purchased on the Internet. The plastic material was 600 kg. Later, Zhang Shun was equipped with a gasoline pusher for the ship, and had two sets of life jackets and life circles.

The court's trial believes that the water conservancy station, river management office, and town governments shall not bear responsibility. The reservoir involved in the case is a reservoir based on flood prevention and water storage irrigation, not operating places or entertainment venues. There are obvious "water depth dangers, do not approach", "Do not fish, swim, fishing" warning signs.

The defendant Zhang Shun, as the organizer of the event and the owner of the ship, should be responsible for the consequences of Li Feng's death. As the owner of the ship, the organization and let 8 people go to the reservoir to play in the reservoir. And the ship is not equipped with enough life jackets and life circles. According to common sense, it is known that water activities are dangerous, and Li Feng has a major fault. Therefore, the court shall assume 40%of the consequences of Li Feng's death. As an event participant, Chen You is not responsible in this case.

In the end, the court ordered Zhang Shun to compensate the five plaintiff for a total of 374815.08 yuan. After the verdict, the five plaintiff and the defendant Zhang Shun appealed to the Xuzhou Intermediate People's Court. The Xuzhou Intermediate People's Court maintained the first trial judgment after the second instance.

(Source: China News Network)

Edit: Han Luying

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